A photograph, a joke or a late-night rant can feel harmless at the moment you publish it, yet during a divorce your spouse’s attorney may read that post, print it and present it to a judge as evidence.
Understanding which categories of content carry the greatest risk may help you safeguard your finances and your relationship with your children.
1. Flashy spending
You will attest under oath to your income and expenses during the divorce, so a photograph of an extravagant purchase or a luxury vacation may lead a judge to question the figures you reported. Your spouse’s attorney may point to the post and ask why your finances appear so different online than they do on paper.
2. Insults aimed at your spouse
New York judges who decide custody consider whether each parent can cooperate with the other and encourage the child’s relationship with that parent. A post that ridicules or attacks your spouse may suggest that you can do neither, and it may also inflame a conflict that could otherwise reach a settlement.
3. Party photos
If you share children with your spouse, photographs of excessive drinking or reckless nights out may raise serious questions about your parenting abilities. New York courts can order you to share private posts when they relate to the case, so a locked account may not protect you from scrutiny.
4. New relationship announcements
New York generally does not consider cheating when dividing property, except in rare and extreme circumstances. Even so, announcing a new partner can provoke your spouse and raise questions about how you spend money and time around your children, and the announcement rarely improves your position.
5. Case details
Posting about your attorney’s advice, a settlement offer or your plans for court can give your spouse a preview of your strategy, and your spouse’s attorney may later use your own words against you.
One last caution before you delete anything
Once your divorce becomes likely, deleting posts can create an entirely separate set of complications. A New York appeals court allowed a jury to assume that a deleted online comment hurt the person who removed it, because that person had already retained an attorney.
What you post today may shape the outcome of your divorce. A New York divorce attorney may help you prevent your online presence from becoming your spouse’s strongest evidence, so you can concentrate on your finances and your children.
